Shatter's statement today fills in some of the gaps about the handling of Maurice McCabe's original allegations:

In 2008, Sergeant McCabe made a written complaint to Garda Headquarters alleging neglect of duty and other malpractice by Gardaí at Bailieboro Garda Station, and failure by the Superintendent to respond properly when Sergeant McCabe had brought these concerns to his attention. Sergeant McCabe also claimed that he had been victimised. A Chief Superintendent was appointed to investigate these allegations.Later in 2008, the then Garda Commissioner received an anonymised complaint (which turned out to be from Sergeant McCabe) from the then Garda Confidential Recipient, Brian McCarthy, making allegations in relation to malpractice at Bailieboro Garda Station, and in relation to the failure of senior Gardaí at the station to respond to these concerns when they had been brought to their attention. An Assistant Commissioner was appointed to investigate these allegations.The allegations covered cases such as the failure to notify a court in a child abduction case that the accused was already on bail facing serious charge; failure to properly investigate several cases; failure to forward a report relating to poor standards at Bailieboro Station; falsification of records; failure to deal with sexual harassment of a female Garda; and the giving of a direction to Sergeant McCabe to cease assessing and monitoring probationer Gardaí. In 2009, the Garda Commissioner received a further report from the same Confidential Recipient, in which Sergeant McCabe alleged harassment and victimisation arising by the making by him of the first report. Later in 2009, a further report was received from the Confidential Recipient again relating to harassment. The Assistant Commissioner, along with the Chief Superintendent, were appointed to investigate these allegations too.In case Deputy Martin is concerned that this was not the correct procedure, it might be helpful to point out that Sergeant McCabe in 2009 wrote to the then Minister for Justice, Dermot Ahern, alerting him to the fact that he had made a complaint about malpractice and corruption in the Bailieboro Garda District. In this letter, Sergeant McCabe claimed that, although a preliminary report into his complaint had revealed bad practice and procedure, the Chief Superintendent for the Division had publicly rubbished the complaint, and the Sergeant called on the Minister to ask for an independent person to oversee the investigation. The Minister replied, through his Private Secretary, that the conduct of the investigation was a matter for the Garda Commissioner, in accordance with the Garda Síochána Act, 2005, that the Minister had no role in directing the Commissioner in such operational matters, and that, in the circumstances, the most appropriate action was to allow the Commissioner to complete his work and let due process take its course. I want to make it absolutely clear that I am not criticising the response of my predecessor to Sergeant McCabe although I accept, of course, that it might have been helpful to Deputy Martin if he had been aware of it.The investigation by the Assistant Commissioner over a lengthy period culminated in the submission of 10 volumes of evidence to the Director of Public Prosecutions, who – of course independently – directed that no prosecutions were warranted. [The investigation did result in disciplinary action against a number of Gardaí]It is very important to note that, under the legal procedures in place, the Confidential Recipient and, crucially, the Garda Síochána Ombudsman were informed of these matters. The thinking behind the provisions of the 2005 Act was this: the Garda Síochána Ombudsman was to be advised by the Garda Commissioner of complaints received by the Confidential Recipient so that it could initiate its own investigation in the public interest if it considered it warranted to do so. The fact that this could happen would also act as a form of ‘quality control’ in relation to any Garda investigation. The Garda Síochána Ombudsman Commission were informed in June, 2010 of the progress of the Assistant Commissioner’s investigation and, shortly afterwards, of the decision by the Director of Public Prosecutions. While GSOC dealt with a small number of relevant complaints which had been made to it – and which I will deal with in a moment – it does not appear to have felt it necessary to take any further action.The Commission at the time comprised Mr. Dermot Gallagher, Mr. Conor Brady and Ms. Carmel Foley. Again, I am voicing no criticism of them as to how they dealt with this matter. But the essential facts are these: the allegations were dealt with under the procedures in place at the time, and the Confidential Recipient, the Director of Public Prosecutions and the Garda Síochána Ombudsman Commission fulfilled their statutory roles in relation to them. I doubt that any fair-minded observer would regard these as a set of allegations about which nothing had been done. I doubt, that Deputy Martin would have come into the Dail Chamber in 2009 or 2010 and made such charge against former Minister Dermot Ahern and accused him of undermining the administration of justice in the State.I think it is only fair to note too that while many of the allegations referred to possible shortcomings in Garda investigations, and there were some shortcomings or failures identified, nevertheless a number ultimately resulted in successful prosecutions and convictions.For the sake of completeness, I should mention also that there were complaints from Sergeant McCabe of alleged assault and imprisonment against the Assistant Commissioner who conducted the investigation. This, in turn, was investigated by a Deputy Commissioner who submitted a file to the Director of Public Prosecutions who directed no prosecution.

Shatter this evening in the Dail read out the text of McCabe’s letter to Dermot Ahern in 2009 in which he complained that the officer investigating his allegation had publicly stated there were no issues in the Bailieborough region. Apparently this was reported on the front of the local newspaper, the Anglo Celt, at the time.

there were complaints from Sergeant McCabe of alleged assault and imprisonment against the Assistant Commissioner who conducted the investigation. This, in turn, was investigated by a Deputy Commissioner who submitted a file to the Director of Public Prosecutions who directed no prosecution.

And GSOC did not feel there was a need for a public interest enquiry into this ?

“ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”— Jean-Paul Sartre

It is, however, clear to me from a complaint properly made by Mary Lynch was that there was a failure by An Garda Siochana to inform her of the hearing and determination in the District Court of the criminal prosecution taken against the individual who assaulted her.

She knew when it was but a senior Garda rang her two days beforehand and told her it had been postponed

Shatter this evening in the Dail read out the text of McCabe’s letter to Dermot Ahern in 2009 in which he complained that the officer investigating his allegation had publicly stated there were no issues in the Bailieborough region. Apparently this was reported on the front of the local newspaper, the Anglo Celt, at the time.

Here

ALLEGED malpractice by members of the Garda Siochána in the Bailieboro District of the Cavan/Monaghan Division is the focus of a major internal garda inquiry since last April, it has emerged. Two officers are understood to have been transferred amid allegations that they were bullied by some fellow gardaí when they attempted expose incidents of malpractice. One is a female officer who gained the top marks in all her exams and the other is a more senior officer, both of whom were described as “exemplary officers” by a well placed Garda source this week. It appears that the female officer threatened to resign at one stage and eventually accepted a transfer after being on sick leave for a time.

The Bailieboro Garda District covers the areas of Bailieboro, Ballyjamesduff, Cootehill, Kingscourt, Mullagh, Shercock, Tullyvin and Virginia. When contacted this week, the Garda Press Office would neither confirm nor deny that the investigation is ongoing. A spokesperson said: “This office does not comment on internal disciplinary matters.”

However, senior Garda sourcestoldTheAnglo-Celtthat some of the alleged malpractice incidents are very “disturbing” with some young gardaí said to be “out of control”. Despite the allegations, nobody has faced disciplinary action to date. Our source stressed that many of the gardaí in the Bailieboro District are “brilliant” and the allegations being investigated only relate to some members.

The internal inquiry into the alleged activities in the Division is being headed by the current Chief Superintendent in Donegal, Terri McGinn. Her investigation team includes a Detective Superintendent, two Inspectors and two Sergeants.

The source said that the allegations feature a large number of serious breaches of discipline, dereliction of duty and other behaviour of a potentially criminal nature. The senior officer, who was transferred after producing a lengthy list of alleged incidents of misconduct by gardaí, also alleged that two serious offences were not investigated. In one of the alleged cases, the investigation failed to lead to charges, despite the culprits being quickly identified. In the other case, the gardaí allegedly failed to obtain CCTV footage until it was too late. The source said: “It is just a culture, theyexpecttogetaweek’swage for doing nothing. Tell them the DPP said there was not enough evidence to proceed. Stop an odd person for no tax or speeding or drunken driving and have a nice quiet life.”

There are also allegations in relation to drinking on duty and the assault of prisoners. In another instance, it’s alleged that a businessman reported vandalism with thousands of euro worth of damage caused. He complained that when he reported it, a young garda told him, “what do you want us to do about it?”.

The Anglo Celt also understands that Garda Ombudsman’s office is investigating one complaint by an alleged victim of crime who claims the crime was not investigated.

The activities in the Cavan/ Monaghan Division were highlighted in the Dáil by Pat Rabbitte, who had been contacted by gardaí concerned at the levels of indiscipline and dereliction of duty earlier in the year, although he did not name the specific Garda Division concerned.

McCabe was never contacted by the inquiry, and was dismayed when the report was completed without reference to him. But Shatter has said his piece, and he’s not one for turning. Hence, the party spear-carriers are obliged to defend him. On Sunday last, Charlie featured on RTÉ Radio One’s The Marian Finucane Show. A conversation developed around Shatter’s slur on McCabe’s character. Charlie insisted on repeating that “Sergeant McCabe didn’t co-operate, that’s a fact”. There was no backing-down.

Off-air, this column understands McCabe rang the programme to complain. He informed personnel at the radio station that Flanagan was repeating the slur that he had delivered on Morning Ireland the previous week. On that occasion, McCabe had rung Flanagan to complain. The two men had known each other since 2008, when McCabe contacted Flanagan about his troubles, and Flanagan made a representation on his behalf.

On air, Marian asked Charlie: “Did you speak to him (McCabe) this week?”

“No, I spoke to him some years ago,” Charlie replied.

He said that McCabe had brought allegations to him, none of which were as serious as the ones currently in the media.

“When you say some time ago?” Marian probed.

“2008,” Charlie replied. “I found him to be an honourable and decent man, and I’m sure he still is.”

Then, they went to a break. After it, Marian began: “I think I misunderstood you there, Charlie Flanagan, about meeting Maurice McCabe this week.”

Charlie replied: “No, I didn’t meet him this week. I had a brief telephone conversation with him this week.”

On the third attempt, Charlie finally acknowledged contact with McCabe in recent days. It was as if it would be toxic for a member of a government party to admit to recent contact with a garda whistleblower.

(Flanagan confirmed to this column both his interaction with McCabe in 2008 to 2009 and the telephone conversation last week).

Flanagan isn’t duplicitous. He’s just a politician playing the game. When in opposition, in 2008, he assisted a “decent and honourable” man who was up against the system. Now that his party is in government, his prerogative is to trot out the party-line, to defend his minister, even if that minister was intent on trashing the reputation of “a decent and honourable man”.

On the other side of the House, the leader of the opposition, Micheál Martin, has been excellent in the current controversy. He met with McCabe a fortnight ago and assessed both the whistleblower’s character and the allegations that McCabe made. He brought the issue to the floor of the House, which ultimately set in train events that are now marching towards a full commission of inquiry